In a final rule published by the Equal Employment Opportunity Commission (EEOC) on February 3, 2012, the agency has extended the record-keeping requirements imposed under Title VII and the Americans with Disabilities Act (ADA) to entities covered by Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). The rule takes effect April 3, 2012.
Title II of GINA prohibits discrimination by employers and insurers based on genetic information. GINA prohibits employers (as well as employment agencies and labor unions) from discriminating against employees and applicants for employment on the basis of genetic information. The law also prohibits employers from requesting or acquiring genetic information regarding an employee or a family member of an employee. Additionally, the law prohibits discrimination based on genetic information with regard to participation in apprenticeship or training programs. It does not, however, create a disparate impact cause of action for genetic discrimination. Like Title VII, Title II of GINA covers employers with 15 or more employees, employment agencies, labor unions, and joint labor-management training programs, as well as federal sector employers.
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